South Carolina General Assembly
110th Session, 1993-1994
Journal of the Senate

Wednesday, May 5, 1993

(Statewide Session)

Indicates Matter StrickenIndicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, the ancient Book of II Samuel, Chapter 23 (vv.3-4) gives us some words of King David, a ruler who also had considerable problems.
"The God of Israel has spoken,
The Rock of Israel has said to me:
`When one rules justly over men,
Ruling in fear of God,
He dawns on them like the morning light,
like the sun shining forth upon
a cloudless morning, like a rain
that makes grass to sprout
from the earth.'"
Let us pray.

On motion of Senator BRYAN, with unanimous consent, Senators LEVENTIS, McGILL and REESE were granted leave to attend a subcommittee meeting and be counted in any quorum calls.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

Message from the House

Columbia, S.C., May 4, 1993

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R46, S. 295 by a vote of 6 to 0:
(R46) S. 295 -- Senator Reese: AN ACT TO AMEND ACT 318 OF 1965, AS AMENDED, RELATING TO THE CHEROKEE SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO AUTHORIZE THE BOARD OF FIRE CONTROL FOR THE DISTRICT TO BORROW A MAXIMUM OF ONE MILLION DOLLARS INSTEAD OF A MAXIMUM OF TWO HUNDRED THOUSAND DOLLARS; AND TO PROHIBIT AN INCREASE IN FEES OR AD VALOREM TAXES IN EXCESS OF THE TEN MILLS CURRENTLY AUTHORIZED WITHOUT A FAVORABLE VOTE OF THE RESIDENT ELECTORS OF THE DISTRICT.
Very respectfully,
Speaker of the House

Message from the House

Columbia, S.C., May 4, 1993

Mr. President and Senators:

The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:H. 3112 -- Reps. Wilkins and Hodges: A BILL TO AMEND SECTION 44-53-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES FOR TRAFFICKING IN CONTROLLED SUBSTANCES, SO AS TO MAKE IT UNLAWFUL TO TRAFFIC IN LYSERGIC ACID DIETHYLAMIDE (LSD) AND TO PROVIDE PENALTIES.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Motion to Ratify Adopted

At 11:45 A.M., Senator J. VERNE SMITH asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 12:00 Noon.

There was no objection and a message was sent to the House accordingly.

S. 755 -- Senator Bryan: A BILL TO AMEND SECTION 59-21-1030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEVEL OF FINANCIAL EFFORT PER PUPIL REQUIRED OF EACH SCHOOL DISTRICT FOR NONCAPITAL PROGRAMS, SO AS TO REVISE THIS REQUIRED LOCAL FINANCIAL EFFORT PER PUPIL AND THE MANNER IN WHICH IT IS DETERMINED, TO PROVIDE PENALTIES FOR NONCOMPLIANCE, AND TO FURTHER PROVIDE FOR WAIVERS FROM THIS REQUIREMENT.

Senator BRYAN spoke on the Bill.

Read the first time and referred to the Committee on Education.

S. 756 -- Senator Cork: A BILL TO REPEAL ACT 583 OF 1971 RELATING TO THE CREATION OF THE HILTON HEAD ISLAND FIRE DISTRICT IN BEAUFORT COUNTY.

Read the first time and ordered placed on the local and uncontested Calendar without reference.

Ordered to a Second and Third Reading

On motion of Senator CORK, S. 756 was ordered to receive a second and third reading on the next two consecutive legislative days.

S. 757 -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-6-85 SO AS TO PROVIDE LICENSING REQUIREMENTS FOR AN AUCTION FIRM; BY ADDING SECTION 40-6-155 SO AS TO PROVIDE TRUST AND ESCROW ACCOUNT REQUIREMENTS FOR AUCTIONEERS; BY ADDING SECTION 40-6-175 SO AS TO AUTHORIZE THE SOUTH CAROLINA AUCTIONEERS' COMMISSION TO ASSESS FINES FOR VIOLATIONS; BY AMENDING SECTION 40-6-10, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO REVISE AND ADD CERTAIN DEFINITIONS; BY AMENDING SECTION 40-6-20, AS AMENDED, RELATING TO AUCTIONS WHICH ARE NOT SUBJECT TO THE AUTHORITY OF THE SOUTH CAROLINA AUCTIONEERS' COMMISSION, SO AS TO EXEMPT AUCTIONS FOR MOTOR VEHICLES AND TO PROVIDE EXCEPTIONS TO THE EXEMPTIONS; BY AMENDING SECTION 40-6-50 AND SECTION 40-6-60, AS AMENDED, RELATING TO REQUIREMENTS TO BE LICENSED, SO AS TO INCLUDE APPRENTICE AUCTIONEERS AND AUCTION FIRMS AND TO REQUIRE PAYING CERTAIN FEES AND PROVIDING CRIMINAL HISTORY AND CREDIT RECORDS; BY AMENDING SECTIONS 40-6-70 AND 40-6-80, BOTH AS AMENDED, RELATING TO APPRENTICE AUCTIONEER AND AUCTIONEER LICENSE REQUIREMENTS, SO AS TO REQUIRE THAT THE LICENSING EXAMINATION MUST BE WRITTEN; BY AMENDING SECTION 40-6-90, RELATING TO RENEWAL OF LICENSES, SO AS TO PROVIDE FOR DATE OF ISSUANCE AND CONTINUING EDUCATION REQUIREMENTS; BY AMENDING SECTION 40-6-130, AS AMENDED, RELATING TO RECIPROCAL LICENSING, SO AS TO PROVIDE THAT A RECIPROCAL LICENSE MAY BE ISSUED IF THE APPLICANT'S RESIDENT STATE PROVIDES RECIPROCITY TO SOUTH CAROLINA RESIDENTS; BY AMENDING SECTION 40-6-150, RELATING TO WRITTEN AGREEMENTS TO CONDUCT AUCTIONS AND RECORDS OF SALES, SO AS TO REQUIRE THAT THESE AGREEMENTS AND RECORDS MUST BE MADE AVAILABLE TO THE COMMISSION ON REQUEST; BY AMENDING SECTION 40-6-160, AS AMENDED, RELATING TO GROUNDS FOR DENIAL, SUSPENSION, AND REVOCATION OF LICENSES, SO AS TO PROVIDE PROCEDURES FOR INVESTIGATIONS, TO ADD VIOLATIONS FOR MAKING FALSE STATEMENTS ON APPLICATIONS AND IN INVESTIGATIONS, FOR COMMINGLING FUNDS, FOR FAILING TO PAY FINES, FOR FAILING TO DISCLOSE REQUIRED INFORMATION, AND FOR LACK OF FINANCIAL RESPONSIBILITY, TO AUTHORIZE THE COMMISSION ALSO TO ISSUE ORDERS FOR COMPLIANCE AND TO PLACE A LICENSEE ON PROBATION; BY AMENDING SECTION 40-6-180, AS AMENDED, RELATING TO NOTICE AND HEARING REQUIREMENTS, SO AS TO REVISE THESE REQUIREMENTS; BY AMENDING SECTION 40-6-200, RELATING TO THE AUCTIONEER RECOVERY FUND, SO AS TO PROVIDE THAT NEW LICENSEES MUST CONTRIBUTE TO THE FUND AND TO PROVIDE HOW EXCESS FUNDS MAY BE EXPENDED; BY AMENDING SECTION 40-6-220, RELATING TO CLAIMS UNDER THE FUND, SO AS TO PROVIDE THAT A PERSON'S LICENSE MAY BE SUSPENDED OR REVOKED AFTER PAYMENT OF A CLAIM FILED AGAINST THE PERSON; AND BY PROVIDING THAT CONTINUING EDUCATION REQUIREMENTS TAKE EFFECT JUNE 30, 1995.

Read the first time and referred to the General Committee.

H. 4159 -- Rep. Sheheen: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE GOVERNMENT FINANCE OFFICERS ASSOCIATION OF SOUTH CAROLINA FOR ITS ACCOMPLISHMENTS IN ASSISTING ITS MEMBERS TO ACHIEVE A HIGH DEGREE OF PROFESSIONAL COMPETENCE AND PUBLIC TRUST AND TO DECLARE WEDNESDAY, MAY 19, 1993, AS CERTIFIED GOVERNMENT FINANCE OFFICERS DAY IN SOUTH CAROLINA.

Whereas, the Government Finance Officers Association of South Carolina consists of over five hundred members representing state, county, and municipal governments, special purpose districts, school districts, and institutions of higher learning; and

Whereas, one of the primary objectives of the association is to promote and encourage professional competence of the individuals who are responsible for public funds, and one way this objective is accomplished is by providing continuing education and training through the Certification Program for Governmental Finance Officers; and

Whereas, to successfully complete the certification program, the individual must be a government finance officer, take at least two of three twenty-five hour core courses, take another fifty hours of electives in related studies, and satisfactorily complete each part of a three-part examination; and

Whereas, the awarding of the designation "Certified Government Finance Officer" requires tremendous knowledge and dedication and after three years of the operation of the certification program, approximately thirty-five individuals have successfully completed it; and

Whereas, the members of the General Assembly, by this resolution, would like to publicly recognize and congratulate this outstanding association for its achievements in helping its members become trusted and competent professionals and also would like to publicly recognize and commend the members of the association, including those who have successfully completed the demanding certification program of the association. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly, by this resolution, hereby recognize and commend the Government Finance Officers Association of South Carolina for its accomplishments in assisting its members to achieve a high degree of professional competence and public trust and declare Wednesday, May 19, 1993, as Certified Government Finance Officers Day in South Carolina.

Be it further resolved that a copy of this resolution be forwarded to the Government Finance Officers Association of South Carolina.

Referred to the Committee on Invitations.

H. 4164 -- Rep. McMahand: A CONCURRENT RESOLUTION CONGRATULATING MR. RONALD K. BUFF, VOLUNTEER AT BAKER'S CHAPEL ELEMENTARY SCHOOL IN GREENVILLE, ON HIS SELECTION AS A WINNER IN THE NATIONAL OUTSTANDING SCHOOL VOLUNTEER AWARDS PROGRAM IN THE INTERGENERATIONAL VOLUNTEER CATEGORY, AND COMMENDING HIM FOR HIS DEDICATION TO SOUTH CAROLINA'S EDUCATIONAL SYSTEM.

On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.

CONCURRENCE

H. 3137 -- Reps. Baker, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baxley, Beatty, Boan, Breeland, H. Brown, J. Brown, Byrd, Canty, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, Harrison, Harvin, Harwell, Haskins, Hines, Holt, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Koon, Lanford, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Robinson, Rogers, Rudnick, Scott, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stoddard, Stone, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-37-103 SO AS TO PROVIDE REQUIREMENTS FOR DIAGNOSTIC AND THERAPEUTIC CERTIFICATION OF AN OPTOMETRIST; BY ADDING SECTION 40-37-106 SO AS TO PROHIBIT AN OPTOMETRIST FROM ESTABLISHING A PHARMACY IN AN OPTOMETRY OFFICE AND TO PROVIDE THAT A CERTIFIED OPTOMETRIST MAY ADMINISTER OR SUPPLY PHARMACEUTICAL AGENTS TO PATIENTS TO INITIATE TREATMENT; BY ADDING SECTION 40-37-108 SO AS TO PROVIDE THAT A THERAPEUTICALLY CERTIFIED OPTOMETRIST MUST BE HELD TO THE STANDARD OF CARE OF PHYSICIANS AND SHALL MAINTAIN ONE MILLION DOLLARS IN MALPRACTICE INSURANCE; TO AMEND SECTION 40-37-20, RELATING TO THE AUTHORITY AND DUTIES OF THE SOUTH CAROLINA BOARD OF EXAMINERS IN OPTOMETRY, SO AS TO INCLUDE EXAMINING APPLICANTS FOR DIAGNOSTIC AND THERAPEUTIC CERTIFICATION; TO AMEND SECTION 40-37-105, RELATING TO THE USE OF TOPICAL APPLICATION OF PHARMACEUTICAL AGENTS BY OPTOMETRISTS, SO AS TO PROVIDE FOR THE DIAGNOSTIC AND THE THERAPEUTIC USE OF THESE AGENTS AND TO PROVIDE RESTRICTIONS; TO AMEND SECTION 40-37-107, RELATING TO REFERRALS OF PATIENTS BY OPTOMETRISTS TO PHYSICIANS, SO AS TO INCLUDE REFERRALS TO OTHER OPTOMETRISTS UNDER CERTAIN CONDITIONS; TO AMEND SECTION 40-37-140, RELATING TO LICENSE RENEWAL AND CONTINUING EDUCATION, SO AS TO REQUIRE TWENTY HOURS OF EDUCATION A YEAR WITH CERTAIN PHARMACOLOGICAL REQUIREMENTS FOR CERTIFIED OPTOMETRISTS; TO AMEND SECTION 40-43-150, AS AMENDED, RELATING TO WHO MAY PRESCRIBE DRUGS AND TO THE SALE OF DRUGS AT WHOLESALE, SO AS TO INCLUDE THERAPEUTICALLY CERTIFIED OPTOMETRISTS AMONG THOSE WHO MAY PRESCRIBE AND TO ALLOW THE SALE OF DRUGS AT WHOLESALE TO DIAGNOSTICALLY AND THERAPEUTICALLY CERTIFIED OPTOMETRISTS; TO AMEND SECTION 40-43-155, AS AMENDED, RELATING TO PHARMACISTS SELLING PHARMACEUTICAL AGENTS TO OPTOMETRISTS, SO AS TO PROVIDE THAT THEY MAY BE SOLD TO OPTOMETRISTS WHO ARE DIAGNOSTICALLY AND THERAPEUTICALLY CERTIFIED OPTOMETRISTS FOR CERTAIN PURPOSES; AND TO AMEND SECTION 40-43-360, AS AMENDED, RELATING TO DEFINITIONS IN THE PHARMACY ACT, SO AS TO INCLUDE A THERAPEUTICALLY CERTIFIED OPTOMETRIST AS A "PRACTITIONER" FOR THE PURPOSE OF DEFINING WHO MAY PRESCRIBE DRUGS.

The House returned the Bill with amendments.

On motion of Senator BRYAN, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

HOUSE AMENDMENTS AMENDED

RETURNED TO THE HOUSE WITH AMENDMENTS

S. 371 -- Senator Drummond: A BILL TO AMEND SECTION 7-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY PRIMARIES CONDUCTED BY THE STATE ELECTION COMMISSION, SO AS TO CLARIFY THAT FILING FEES FOR ALL CANDIDATES FILING TO RUN IN ALL PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE TRANSMITTED BY THE RESPECTIVE POLITICAL PARTIES TO THE COMMISSION.

The House returned the Bill with amendments.

Amendment No. 1

Senator LAND proposed the following Amendment No. 1 (JUD371.001), which was adopted:

Amend the bill, as and if amended, page 2, line 12, by striking SECTION 2 in its entirety and inserting:

/ SECTION 2. The provisions of this act are applicable to filing fees paid by candidates for primaries conducted after the effective date of this act. /

Amend title to conform.

Senator LAND argued in favor of the adoption of the amendment and Senator DRUMMOND argued contra.

Senators BRYAN and WASHINGTON argued in favor of the adoption of the amendment and Senators WILSON and COURTNEY argued contra.

The Senate refused to table the amendment. The question then was the adoption of the amendment.

The amendment was adopted.

There being no further amendments, the Bill was amended and ordered returned to the House with amendments.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

ORDERED ENROLLED FOR RATIFICATION

The following Bills were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 3640 -- Reps. Wilkins, Anderson, Vaughn, Haskins, Cato, Jaskwhich, M.O. Alexander, McMahand, Mattos, Baker and Clyborne: A BILL TO AMEND SECTION 6-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE GOVERNING BODY OF A COUNTY TO ESTABLISH A UNIFORM ELECTION DATE FOR THE ELECTION OF MEMBERS OF THE GOVERNING BODIES OF ANY SPECIAL PURPOSE DISTRICT WITHIN THE COUNTY, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO DISTRICTS IN COUNTIES THAT HAVE ADOPTED BY ORDINANCE UNIFORM ELECTION DATES FOR DISTRICTS WITHIN THOSE COUNTIES BEFORE THE EFFECTIVE DATE OF THIS SECTION, AND AUTHORIZE THE FILING OF A STATEMENT OF CANDIDACY BY A CANDIDATE IN ORDER TO HAVE HIS NAME PLACED ON THE BALLOT FOR ELECTION AS A COMMISSIONER OF A SPECIAL PURPOSE DISTRICT.

H. 3375 -- Reps. Huff, Wilkes and P. Harris: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 52-7-65 SO AS TO PROVIDE THAT THE CHIEF COMMISSIONER OF THE STATE ATHLETIC COMMISSION MAY DISCIPLINE ANY LICENSEE OF THE COMMISSION FOR VIOLATIONS OF APPLICABLE LAW OR REGULATIONS BY LICENSE SUSPENSION OR A CIVIL PENALTY NOT EXCEEDING FIVE HUNDRED DOLLARS, TO PROVIDE THAT EACH DAY A VIOLATION CONTINUES IS A SEPARATE VIOLATION, AND TO PROVIDE THAT DISCIPLINARY DECISIONS OF THE CHIEF COMMISSIONER ARE APPEALABLE TO THE FULL COMMISSION; AND TO AMEND SECTION 52-7-60, RELATING TO THE DISCIPLINARY AUTHORITY OF THE STATE ATHLETIC COMMISSION, SO AS TO PROVIDE THAT THE DISCIPLINARY AUTHORITY OF THE COMMISSION EXTENDS TO ANY LICENSEE OF THE COMMISSION.

H. 3790 -- Rep. Phillips: A BILL TO AMEND SECTION 59-125-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF WINTHROP UNIVERSITY, SO AS TO PROVIDE THAT THE GOVERNOR AND STATE SUPERINTENDENT OF EDUCATION AS EX OFFICIO MEMBERS OF THIS BOARD MAY APPOINT A DESIGNEE FOR THEM ON THE BOARD.

THIRD READING BILL

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 596 -- Senator Ryberg: A BILL TO AMEND ARTICLE 1, CHAPTER 3 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DIVORCE, BY ADDING SECTION 20-3-15, SO AS TO PROVIDE THAT WHEN THE PLAINTIFF IN A DIVORCE ACTION IS COERCED THROUGH PHYSICAL FORCE OR THREAT OF IMMINENT PHYSICAL VIOLENCE INTO RESUMPTION OF CONJUGAL RELATIONS, SUCH RESUMPTION OF RELATIONS SHALL NOT CONSTITUTE CONDONATION.

SECOND READING BILL

WITH NOTICE OF GENERAL AMENDMENTS

The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:

S. 122 -- Senator McConnell: A BILL TO AMEND SECTION 27-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REMOVAL OF GRAVES IN ABANDONED CEMETERIES OR BURYING GROUNDS, SO AS TO REQUIRE THE GOVERNING BODY OF THE COUNTY OR MUNICIPALITY IN WHICH THE CEMETERY OR GROUND IS LOCATED TO DETERMINE THAT REMOVAL BENEFITS THE COMMUNITY AND IS IN THE PUBLIC INTEREST AND TO CONSIDER OBJECTIONS TO REMOVAL BEFORE REMOVAL IS APPROVED.

SECOND READING BILLS

The following Bills having been read the second time were ordered placed on the third reading Calendar:

S. 713 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-43-45 SO AS TO REQUIRE A DEALER IN LIQUEFIED PETROLEUM GAS TO MEET CERTAIN STORAGE CAPACITY REQUIREMENTS; TO ADD SECTION 39-43-75 SO AS TO REQUIRE NOTICE TO BE GIVEN BEFORE WORK IS BEGUN ON LIQUEFIED PETROLEUM GAS SYSTEMS; TO AMEND SECTION 39-43-10, AS AMENDED, RELATING TO DEFINITIONS IN THE LIQUEFIED PETROLEUM GAS CHAPTER, SO AS TO CONSOLIDATE AND REVISE THESE DEFINITIONS; TO AMEND SECTION 39-43-20, AS AMENDED, RELATING TO THE LIQUEFIED PETROLEUM GAS BOARD, SO AS TO INCREASE THE BOARD FROM FOUR TO FIVE; TO AMEND SECTION 39-43-30, AS AMENDED, RELATING TO DUTIES OF THE BOARD, SO AS TO DELETE THE REFERENCE TO PROSECUTING CRIMINAL VIOLATIONS AND TO REVISE AND INCLUDE NEW REFERENCES TO THE NATIONAL FIRE PROTECTION ASSOCIATION PAMPHLETS WHICH ARE THE BASIS FOR REGULATIONS THE BOARD MUST PROMULGATE; TO AMEND SECTION 39-43-40, AS AMENDED, RELATING TO LIQUEFIED PETROLEUM GAS BUSINESS ACTIVITIES REQUIRING A LICENSE, SO AS TO REVISE STATUTORY REFERENCES; TO AMEND SECTION 39-43-50, AS AMENDED, RELATING TO LICENSE FEES AND DEFINITIONS, SO AS TO DELETE AND TRANSFER THESE DEFINITIONS; TO AMEND SECTION 39-43-80, AS AMENDED, RELATING TO CERTIFICATION REQUIREMENTS FOR A PERSON WHO TRANSPORTS, DELIVERS, OR CONDUCTS OTHER BUSINESS ACTIVITIES RELATED TO LIQUEFIED PETROLEUM GAS, SO AS TO REVISE THE CERTIFICATION REQUIREMENT; TO AMEND SECTION 39-43-130, AS AMENDED, RELATING TO PILOT SAFETY VALVES ON HEATING APPLIANCES IN PUBLIC BUILDINGS, SO AS TO ADD REQUIREMENTS FOR THESE APPLIANCES IN RESIDENCES AND MANUFACTURED HOMES; TO AMEND SECTION 39-43-170, AS AMENDED, RELATING TO CRIMINAL PENALTIES FOR VIOLATIONS, SO AS TO INCREASE THE MINIMUM FINE FROM FIVE HUNDRED DOLLARS TO ONE THOUSAND DOLLARS AND TO INCREASE THE MINIMUM IMPRISONMENT FROM SIXTY TO NINETY DAYS; TO AMEND SECTION 39-43-180, AS AMENDED, RELATING TO ADMINISTRATIVE PENALTIES FOR FAILURE TO COMPLY WITH AN ORDER, SO AS TO CLARIFY PROCEDURES FOR VIOLATIONS AND TO INCREASE THE PENALTY FROM TWO THOUSAND DOLLARS TO FIVE THOUSAND DOLLARS; TO PROVIDE AN EXEMPTION TO STORAGE CAPACITY REQUIREMENTS UNDER CERTAIN CONDITIONS; AND TO REPEAL SECTION 39-43-90 RELATING TO THE INSPECTION AND CERTIFICATION OF CARGO VESSELS AND SECTION 39-43-160 RELATING TO ADMINISTRATIVE PROCEDURES AND PENALTIES.

H. 3953 -- Rep. J. Wilder: A BILL TO PROVIDE PAY FOR SERVICES RENDERED FOR MEMBERS OF THE WILLISTON SCHOOL DISTRICT 29 BOARD OF TRUSTEES IN BARNWELL COUNTY, AND TO REPEAL ACT 582 OF 1992 RELATING TO PROVIDING A PER DIEM ALLOWANCE FOR MEMBERS OF THE BOARD.

H. 3953--Ordered to a Third Reading

On motion of Senator WILLIAMS, with unanimous consent, H. 3953 was ordered to receive a third reading on Thursday, May 6, 1993.

Leave of Absence

On motion of Senator REESE, at 11:00 A.M., Senator McCONNELL was granted a leave of absence until 2:00 P.M.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION ADOPTED

On motion of Senator WILLIAMS, the Senate agreed to dispense with the Motion Period.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

CARRIED OVER

S. 293 -- Senators Mitchell and Mescher: A BILL TO AMEND SECTION 56-5-4580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL LIGHTING EQUIPMENT ON CERTAIN VEHICLES, SO AS TO PROVIDE THAT EVERY TRAILER, SEMITRAILER, POLE TRAILER, OR UTILITY TRAILER MUST BE PAINTED WITH A LIGHT REFLECTING PAINT OR AFFIXED WITH A LIGHT REFLECTING TAPE IN A STRIP TO ENCOMPASS THE ENTIRE PERIMETER OF THE VEHICLE.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Transportation.

On motion of Senator HOLLAND, the Bill was carried over.

CARRIED OVER

H. 3557 -- Reps. Sheheen and Wilkins: A JOINT RESOLUTION TO TRANSFER TWO HUNDRED THOUSAND DOLLARS FROM ACCOUNTS OF THE HOUSE OF REPRESENTATIVES DESIGNATED BY THE SPEAKER TO THE JUDICIAL DEPARTMENT TO ASSIST IN THE PAYMENT OF MILEAGE AND SUBSISTENCE EXPENSES INCURRED BY JUDGES AND JUSTICES FROM APRIL 1, 1993, THROUGH JUNE 30, 1993, AND TO PROVIDE THE TERMS AND CONDITIONS OF THE PAYMENT OF THESE EXPENSES.

The Senate proceeded to a consideration of the Joint Resolution. The question being the third reading of the Joint Resolution.

On motion of Senator PASSAILAIGUE, the Resolution was carried over.

CARRIED OVER

S. 339 -- Senators Giese and Cork: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-210 SO AS TO LIMIT THE TERMS OF MEMBERS OF STATE BOARDS AND COMMISSIONS APPOINTED BY THE GOVERNOR OR ELECTED BY THE GENERAL ASSEMBLY AND PROVIDE FOR EXCEPTIONS TO AND THE OPERATION OF THE PROVISIONS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

On motion of Senator GIESE, the Bill was carried over.

THE SENATE PROCEEDED TO A CALL OF THE CONTESTED STATEWIDE AND LOCAL CALENDAR.

CARRIED OVER

S. 377 -- Fish, Game & Forestry Committee: JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO HUNT UNITS AND WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1576, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

The Senate proceeded to a consideration of the Joint Resolution. The question being the third reading of the Joint Resolution.

On motion of Senator MOORE, the Resolution was carried over.

CARRIED OVER

S. 245 -- Senators Macaulay, Peeler, McConnell, Martin, Ford, Thomas, Williams and Leatherman: A BILL TO AMEND SECTION 38-77-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLISION, COMPREHENSIVE, FIRE, THEFT, AND COMBINED ADDITIONAL MOTOR VEHICLE LIABILITY INSURANCE COVERAGE, SO AS TO MAKE IT OPTIONAL FOR INSURERS TO OFFER COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE; TO PROVIDE THAT ALL INSURERS WRITING SINGLE INTEREST COLLISION COVERAGE SHALL PROVIDE AN APPLICANT FOR THIS INSURANCE WITH A CERTAIN NOTICE THAT MUST BE SIGNED BY THE APPLICANT; AND TO PROVIDE THAT ALL INSURERS SHALL SUBMIT RATE FILINGS WITHIN TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS ACT WHICH MUST REFLECT THE RATE DECREASES, IF ANY, ATTRIBUTABLE TO THE PASSAGE OF THIS ACT.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

On motion of Senator CORK, the Bill was carried over.

CARRIED OVER

S. 32 -- Senators Wilson, Ryberg, Russell, Rose and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-40 SO AS TO CREATE A CIVIL CAUSE OF ACTION AGAINST SHOPLIFTERS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

On motion of Senator MITCHELL, the Bill was carried over.

DEBATE ADJOURNED

S. 419 -- Senators Martin and Moore: A BILL TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 SO AS TO CREATE THE SCENIC HIGHWAYS COMMITTEE AND TO PRESCRIBE ITS POWERS AND DUTIES; BY ADDING SECTION 57-23-185 SO AS TO PROVIDE THAT JUST COMPENSATION BE PAID TO LANDOWNERS FOR REMOVAL OF SIGNS; AND TO AMEND SECTION 57-25-140, AS AMENDED, RELATING TO SIGNS PERMITTED ALONG INTERSTATE HIGHWAYS, SO AS TO ALLOW SIGNS PROVIDING DIRECTIONAL INFORMATION.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator THOMAS spoke on the Bill.

With Senator THOMAS retaining the floor, Senator MOORE moved to adjourn debate on the Bill.

Debate was adjourned on the Bill, with Senator THOMAS retaining the floor.

READ THE THIRD TIME

S. 401 -- Senator Hayes: A BILL TO AMEND SECTION 16-13-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAILURE TO RETURN RENTED OBJECTS, SO AS TO PROVIDE THAT FAILURE TO RETURN LEASED PROPERTY WITHIN SEVENTY-TWO HOURS AFTER THE LEASE EXPIRES BUT RETURNING IT WITHIN ONE WEEK AND FAILURE TO RETURN A LEASED MOTOR VEHICLE FOR MORE THAN ONE WEEK AFTER THE LEASE EXPIRES ARE MISDEMEANORS AND TO PROVIDE PENALTIES.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

The Bill was read the third time, passed and ordered sent to the House of Representatives.

DEBATE ADJOURNED

S. 521 -- Senators McConnell, Ford, Courtney, Greg Smith, Martin, Passailaigue and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 31 TO TITLE 6 SO AS TO ENACT THE "SOUTH CAROLINA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT".

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.

Senator PASSAILAIGUE argued in favor of the third reading of the Bill.

With Senator PASSAILAIGUE retaining the floor, Senator GIESE moved to adjourn debate on the Bill.

Debate was adjourned on the Bill, with Senator PASSAILAIGUE retaining the floor.

Leave of Absence

At 12:40 P.M., Senator COURTNEY requested a leave of absence through Thursday, May 6, 1993.

DEBATE INTERRUPTED

S. 731 -- Senators Elliott, Greg Smith and Rankin: A BILL TO AMEND CHAPTER 5, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF TRANSPORTATION, POSSESSION, CONSUMPTION, AND SALE OF ALCOHOLIC BEVERAGES, BY ADDING SECTION 61-5-185 RELATING TO LICENSING OF BONA FIDE NONPROFIT ORGANIZATIONS AND BUSINESS ESTABLISHMENTS UNDER SECTION 61-5-50 WHEN LOCATED EAST OF THE INTERCOASTAL WATERWAY IN A COUNTY WHERE THE ANNUAL ACCOMMODATIONS TAX COLLECTIONS EXCEED SIX MILLION DOLLARS.

The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.